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Mr. Elisha SUKA
VI
- Foreign
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Service Officer, Ministry of Foreign Affairs, East Africa,
Regional and lnternational Cooperation
after deliberation,
renders the following Judgment,
I.
THE PARTIES
The Applicant, Mr. Mgosi Mwita Makungu, a national of the United Republic of
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f anzania, was convicted of the offences of robbery with violence and armed
robbery and is currently serving a total of thirty (30) years imprisonment for the
two convictions.
The Respondent State, the United Republic of Tanzania became a Party to the
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African Charter on Human and Peoples' Rights (hereinafter referred to as the
"Charte/') on 21 October 1986 dnd to the Protocol to the African Charter on
Human and Peoples' Rights on the Establishment of an African Court on Human
and Peoples' Rights (hereinafter referred to as "the Protocol") on 10 February
2006. Furthermore, on 29 March 2010 the Respondent State deposited
the Declaration as prescribed under Article 34(6) of the Protocol.
II.
SUBJECT OF THE APPLICATION
A.
Facts of the Matter
3.
The claim arises from the Respondent State's alleged failure to provide the
Applicant with certified true copies of the records of proceedings and judgments
of Criminal Case No.244 of 1995 and Criminal Case No.278 of 1995 heard at
the District Court of Bunda. ln Criminal Case No. 278 of 1995, he was charged
with the offence of robbery with violence and convicted and sentenced to fifteen
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